The CDC recently released guidelines for employers on how to deal with the COVID-19 pandemic. Recommendations include actively encouraging employees to stay home if they have symptoms indicative of COVID-19, that is, any respiratory illness with fever, cough and/or shortness of breath.
These employees should not return to work until they are free of fever (100.4° F or greater using an oral thermometer) and any other symptoms for at least 24 hours, without the use of fever-reducing or other symptom-altering medicines (e.g. cough suppressants).
The CDC also has advice for preventing the spread of COVID-19 and for those who are sick with the virus.
If an employee is confirmed to have COVID-19, employers should promptly notify other employees of their possible exposure to COVID-19 in the workplace. Employers must, however, be careful to maintain confidentiality as required by law.
The Occupational Safety and Health Administration has published a free ebooklet called Guidance on Preparing Workplaces for COVID-19, with detailed information for employers.
Many states have issued their own recommendations. For employers, recommendations include implementation of distancing measures, including increasing physical space between employees, limiting in-person meetings, limiting travel, and staggering work schedules where possible.
In addition, the Equal Employment Opportunity Commission has also issued guidance relating to how pandemics impact employers’ obligations and employees’ rights under the Americans with Disabilities Act (ADA).
While the EEOC has stated that employers may send workers home if they exhibit flu-like symptoms during a pandemic, employers should be careful in what they say. Privacy and defamation claims may be brought by an employee if the employer states or implies that the employee is infected with COVID-19.
In addition, employers must adhere to all applicable mandatory sick-leave laws (many states now have laws mandating that employers provide paid sick leave in certain situations, and unpaid sick leave in other circumstances) and other leave laws, such as the Family and Medical Leave Act (FMLA) and related state laws such as the Oregon Family Leave Act.
Whether you are an employer or employee, please feel free to contact us if you have any questions about the employment-law issues relating to COVID-19.
